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Thursday, December 11, 2003
Ombud hits TRO issued vs Alabel execs probe
By Raquel C. Bagnol and Edwin G. Espejo
DAVAO -- The Office of the Ombudsman in Mindanao said Wednesday a trial court judge violated the law when he issued a temporary restraining order (TRO) against the Ombudsman's investigation on local executives of Alabel, Sarangani.
Ombudsman director Rodolfo Elman said RTC Judge Jaime Infante of Alabel, Sarangani violated Section 14 of the Ombudsman Act.
According to Elman, Infante has no legal basis in stopping their investigation on the corruption charges against Sarangani officials and employees.
He said only the Supreme Court and the Court of Appeals are authorized under the law to issue a TRO against their office.
The Office of the Ombudsman is investigating corruption charges against Sarangani Gov. Miguel Escobar over unliquidated cash advances.
Infante earlier issued a TRO to stop the Ombudsman from enforcing its order on several accused Sarangani officials and employees to answer graft charges filed against them by a non-government organization.
The Ombudsman Act provides that "no writ of injunction shall be issued by any court to delay investigation being conducted by the Ombudsman...unless there is prima facie evidence that the subject matter...is outside the jurisdiction of the Office of the Ombudsman."
In June 1999, the Supreme Court issued an administrative circular enjoining the lower courts to exercise "utmost caution, prudence and judiciousness in issuance of temporary restraining orders and preliminary injunctions" in graft cases involving government officials.
The circular reasoned out that issuance of such orders will be "grievously" hampered by innumerable petitions.
The new circular, issued in June this year, was signed by Court Administrator Presbitero Velasco.
Infante earlier ordered the Office of Ombudsman for Mindanao to submit its position paper within 10 days and explain why an injunction order should not be issued against the anti-graft body.
The Ombudsman for Mindanao earlier ordered Sarangani governor Miguel Escobar and his co-accused to submit their counter-affidavits on the complaint filed by the Sarangani People's Action for Reform and Good Government (Spare-Gogo).
Escobar, along with Vice Gov. Felipe Constantino and members of the provincial board, and several high-ranking capitol employees are facing graft charges in connection with the controversial releases of government funds to non-existing cooperatives and other ghost projects.
In its complaint, Spare-Gogo claimed more than P41 million in government funds were reportedly 'systematically looted' from the government coffers in 2002.
The bulk of the releases was also reportedly still unliquidated as of
October, according to the Commission on Audit, which conducted an investigation on the alleged anomalous transactions.
Several lawyers in Sarangani said Infante might have overstepped his authority when he issued the restraining order against the Ombudsman.
No effect
Spare-gogo is confident that the temporary restraining order (TRO) issued by a trial court judge against the Ombudsman will not adversely affect the graft charges filed against Escobar and 28 other officials.
Fr. Fred Maghanoy, head of Spare-gogo, is confident the TRO against the Ombudsman will not adversely affect the graft charges against Escobar and others, instead the TRO petition only showed the respondents do not know what to do now that the case is in progress.
"This is advantageous to us because they don't know what to do now that the case has been publicized even outside of the province," Maghanoy said.
(December 11, 2003 issue)
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